that there. thank you for being with us tonight. see you tomorrow night. 7 p.m. eastern. up next the o'reilly factor. don't forget open threads on gretawire, so go there. have fun. the o'reilly factor is on. tonight. >> it shouldn't be about having heads roll or firing people. >> the problems with obama care continue to mount and now public opinion may be shifting. >> the president says is he bringing in the best and the brightest to solve the problem. why didn't we bring in the best and the brightest in the first place? >> tonight, senator marco rubio puts forth his solution. >> you do have the right to have healthcare and to education and to decent housing. >> the gloves are off as the far left now pushing for complete socialism. we'll spell that out in the talking points memo. >> were -- harmful to all of our children and it's time to remove this kind of stereotyping. >> and the washington

redskins controversy still red hot so to speak. we will hear the team's point of view. caution, you are about to enter the no spin zone. the factor begins right now. >> hi, i'm bill o'reilly. thanks for watching us tonight. here comes socialism. that is the subject of this evening's talking points memo. with obama care descending into chaos, the president and the democratic party are in a perilous place right now. americans are starting to figure out that the government-controlled healthcare industry is likely to be a nightmare on many fronts. so why, why won't the feds fix this situation before imposing it on we, the people. the answer is that obama care is just part of a vision for the forced sharing of american assets. the strategy is largely kept quiet but there have been

hints. >> the great civil rights issue of our time and that is the need for every man, woman, and child to have healthcare is a right and not a privilege. >> i believe healthcare is a civil right. >> although healthcare was not listed per se in the constitution. it should be a constitutional right. >> you do have the right to have healthcare and to education and to decent housing. >> ms. perry's point of view is a socialist communist vision that the state should provide all citizens a certain lifestyle at the expense of other citizens. if healthcare is a constitutional right, then everything subordinated with good health would fall into the civil rights category. your entire environment, house, food, clothing, transportation, mental health would a paid for by the state. if you could not afford it that's a form of communism because no country could afford those payments without seizing the assets

of everybody else. it's impossible. right now, the u.s.a. has a debt of $17 trillion and growing. some of that debt is because of wars. but most of it is providing entitlements and infrastructure, things like road, water, police protection. and we americans pay taxes to have those things. but here in the u.s.a., there is a subculture of people who are uneducated, unskilled, and/or have mental health problems like addiction. those people cannot or will not provide for themselves. and that situation is growing. in order to provide for the have notes, the far left wants the federal government to seize the assets of solvent americans. that's what obama care is all about. taking from those who can afford healthcare to provide for those who cannot. no matter what the reason for the insolvency is, it doesn't matter. by the way the emergency room situation where hospitals are mandated to

treat anyone who walks in for free, that's not going to stop under obama care. that expense estimated to be $4.5 billion a year. would just be added on to the colossal cost of the affordable healthcare act. ironic, isn't it? talking points believes that most americans don't understand what the duce is going on in this country. slick politicians on both sides can easily obscure the truth. but the truth is that the u.s.a. at this point in time can't afford to pay for obama care unless working americans give up more of their assets. in some cases much more. and that's the memo. now for the top story tonight. the factor has been suggesting that president obama delay the individual mandate to buy government-run health insurance for one year. that because of all the confusion. joining us from miami, senator marco rubio who will introduce a bill to delay the individual mandate. so, what is that bill going to look like, senator, and when are you going to do it? >> first of all, thanks for having me on, bill.

it's pretty straightforward. it's unfair on the one hand you are telling people if they don't buy insurance next year the irs is going to come after them with a fine. it's unfair to say that though them and then turn around and make it difficult or impossible for them to buy the health insurance. what the bill would basically say is that the obama care has to be up and functioning for six consecutive months before they can begin to enforce this individual mandate on people. how you can punish people for not buying something that is impossible to buy under -- because of these the inability of this web site to function because of government incompetence. >> how do you see this bill coming? i would imagine every republican senator would vote for it but are you going to able to peel off some democrats to do it? maybe manchin of west virginia would do it but i don't know anybody else. >> i think they are going to have to do this no matter what. it's a question of when they are going to finally admit to that now, look, i actually don't think this is a partisan thing. no matter how you may feel about obama care, i certainly would like to see it repealed and replaced.

no matter how you feel about obama care, this about the fact that it's unfair. you are going to punish people. send the irs after people. >> will your bill contain the provision that if you want to sign up for obama care now you certainly can you have to or you will be punished. that gives everybody the option of yeah i will do it or i won't do it and as you said when they get the glitches out of the software so that people can efficiently decide what they want to do, then you can do the mandatory deal. that is fair. but politics being as it -- you know, what i said is true. it's not about obama care. you know that senator, this is about the whole entitlement culture. it's a much bigger thing. >> right. the issue of obama care is about a much broader agenda to inject more government control over our lives and over our economy. i'm dealing now with a very focused issue. let me give you an example. on this very day in florida it was announced 300,000 people are are going to lose their individual coverage because of obama care. those people next year don't have health insurance, they

are going to owe the irs money in the form of a fine. where are they supposed to go now and buy that health insurance if the web site isn't working, if "consumer reports" is telling people to avoid the web site? so, what this bill does is it says basically this: until that web site is certified to be functioning, you cannot enforce this on people. >> okay, all right. >> it's simply not fair. >> when are you going to introduce it? >> mopped. we can't introduce bills while we are not in session but the senate will be back on monday and i will introduce it on that day. >> do you think harry reid is going to block it with no debate and no this and procedural things? >> inhope not. i think this is a common sense issue. >> does he know it's come? >> well, what i'm going to start doing and i have already started doing is reaching out to some my senate colleagues that i think might be more open-minded about this democrats included onto see if i can get this to be bipartisan thing. this is about common sense and about fairness. >> get manchin's name on it. get manchin of west virginia's name on it. it will be interesting to see if he has stones, pardon

the expression to put his name on something like that because he said he would. he said he would support it. >> good. >> if you can get him, that would be -- look, it's a chess game. you know what the chess game is this will be fascinating to see if you can get this done. >> well, we're going to give everybody a chance to be on the right side of this. eventually they are going to have to do something about it. because it's going to take more than a few months to fix these web sites and unfair to go after people for not buying health insurance when the ability to buy it is not -- >> here is what i'm going to do i'm going to invite senator manchin on the factor tomorrow. i will ask him if he will attach name. it's your bill. i don't want you to usurp your authority is that okay. >> we need all the help we can get. we would love to have his help and anybody else that's watching tonight that would like to sign up in the senate. >> any other democrats who would like to co-sponsor this bill with the republican side. you have all the republican support. nobody not going to vote for it and the house would pass it as everybody knows. so it's basically you are in a struggle with the far

left. you know, the real committed left. the harry reid section. it will be very interesting to see. one more question for you. we are going to do this later on in the program. did you see the polls today saying that the tea party 25% of americans approve, 7 a% don't approve and the republican party is not much better, maybe 30%, 32% approved? do you think that's a real troubling situation for you guys? >> you know, these polls fluctuate. they come and go. if we lived our lives based on polls we wouldn't be able to do anything else. the bottom line is we have some very serious issues this country is confronting. you outlined some of them in your talking points memo tonight. at the base of all of this is the american dream as we know it that makes our country can tri special is being eroded. we are running out of time to do something about it. i certainly feel like people in my party are fighting on the right side of that. >> all right, senator. keep us posted on how that bill goes on monday and and that's a pretty interesting deal. >> crowley and colmes respond to the question whether americans have a constitutional right to good healthcare. later, a birds lawsuit filed by some "american idol"

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tonight. providing a lifestyle to all americans. here now fox news analyst monica crowley and alan colmes. colmes, is healthcare a constitutional right? >> it is not because it's not in the constitution but i think it should be. i think it should be a human right. fdr said everybody should have the right to adequate healthcare. half of the countries in the u.n. have it. you're gray has it it we don't have it. it makes us a less advanced country. >> if say there was a constitutional amendment to include healthcare as a basic constitutional right, which would take two thirds of the states to ratify. then by extension, you would have to have good food guaranteed because you couldn't be healthy without good food. stay with me. good food guaranteed by the

federal government. >> i think food, housing and i believe that healthcare should be everybody's right. >> so healthcare, food and housing. good housing. >> nobody in this country. >> not slums. >> don't have to live in a high rise overlooking d.c. >> not slums. so you are a communist. you are a communist. >> no, a communist is someone. >> because you couldn't possibly pay for all of that. it's impossible. >> in many countries people who can pepe. people who don't pay get healthcare. the way it's going now. >> what country are you referring. >> to you're gray. >> you're you uragay. >> here is where you are wrong about it being socialism. what we have now socialism. those who have healthcare those who have insurance are subsidizing those who don't. that's socialism. >> but you want to take it 10 steps further. let's get miss monica in here. >> is access to healthcare a civil or legal right? that's the question you posed.

no, it is not. however, it's not that in the sense that free speech is a legal right and so on. however, the richest country in the history of the world, the united states, it doesn't need to be a right because we have made a social compact over many decades to take care of the least among us. so when you talk about access to healthcare, when you talk about education, when you talk about public housing, we, as a collective society, provide all of that already to those who are most in need. >> but we don't provide, wait, wait, wait. >> provided in the constitution, we he don't provide good housing to people. >> there is public housing. can you debate whether it's good or not. >> have you ever been to public housing. >> bill would i want to live in public housing, no. but if somebody is really poor, there is housing. >> that's not the division. wait a minute. in a lot of places, public housing is dangerous to your health. number one. okay? it's dangerous to live there. >> that's a separate question. that's a totally separate question. >> what colmes wants and his ilk they want good housing. good food.

not food stamps where you go in and buy pepsi and potato chips. guaranteed. >> not truffles. >> only guarantee we have is emergency room. if you walk into dr. welby's office and can't pay his bill he is throwing you out. >> actually he has on obligation to treat new this country. >> know doesn't not unless you are in emergency room. >> if you are in the emergency room. gazillion government social welfare programs in this country before obama comamplet medicare to take care of the elderly, medicaid to take care of the poor. if you are completely broke, you could walk into an emergency and get care wic women and their babies. we have so many social safety nets in this country. >> not at the level. >> nobody in this country going without care. >> they're not at the level. >> not everybody can live on fifth avenue. >> aim going to get to anne ask any questions tonight. >> you are making argument. >> i'm challenging your

argue: now, do you believe colmes is a communist for advocating good housing, good food and a lifestyle that can only be paid for by those who have money? >> argument. >> you believe is he a communist or not? >> sort of, yeah. >> sort of, okay. >> no, no. you have had your say. sort of is the answer. >> red baiting is alive here. >> not red baiting. it's a description of a political philosophy. >> no communism is an economic system. i'm a capitalist, i also believe the government should step in when necessary in order to give a basic service. >> we already have that that's my point. >> here is the problem, in the emergency room it costs too much money. the way we are doing it preobama care. with obama care more people in the system. romney in massachusetts, everybody paying in, it costs less for everybody. like new york state where premiums are going down in half. >> no, no, you don't have to say anything. can i answer. if somebody you know massachusetts very well, the obama care, the romney care

system, all right, has strained them. they can't even treat the people. people are going from the bay state to other states to get treated because of the government imposed regulations. so that's the truth. >> let me tell what you obama care does though. >> i don't want you to tell me anything. [ laughter ] >> people can go read and decide. but i do think colmes is a communist. i do. i will get you a little red hat. >> a point on that communist thing. >> real quick. >> the fact that there are exchanges in every state where there is competition. what obama care does in these states j we are taking it further than that. >> free market competition. what conservatives claim. >> came good housing. food and umbrella if it rains. little booties if you need them if it's cold. >> free competition the way the free market conservatives like. >> i have no idea what you are saying. thanks very much for a good segment. directly ahead stossel is did a powerful republican senator slip a 3 billion-dollar pet project into the budget compromise? and wait until you hear

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stossel matter segment tonight, politics as usual, this time from perhaps, perhaps the republican party. as you may know, congress approved temporary funding for the government last week, kept it open. but, in that deal, $2.9 billion was allotted for water project between kentucky and illinois. here now to explain how that could possibly happen fox business anchor john stossel. so, some are accusing mitch mcconnell, the big shot senator from kentucky putting this pork in $3 billion for this water project. is that true? >> no. poor mitch. there is a lot i could criticize him for but is he being smeared for this. >> is he really. >> he denies he put it in

and harry reid and dianne feinstein aagree. they say he didn't do it. >> he didn't have anything to do with it. >> dianne feinstein says i approved the money. it passed both houses before. why now? because there is no money. isn't funded. it shuts down, that would be terrible. barge traffic and this river is important. we wanted to fund it but because it's part -- >> why slot it into a government funding -- why put that in when there is 50, 100 projects all over the country? >> why put in money for the widow of frank lautenberg who has already got $16 million. >> that was in there, too. >> that's much more offensive. of all the things to put in. >> what the folks are probably asking now is, when you have this bill, why just not have this bill and then put that into why unique sneak this in? >> they always sneak things in. they like to spend wherever they can. what i think is wonderful for the first time people are saying oh, i didn't do

it it they used to brag. mitch mcconnell ran ads last election bragging about he got the first funding for this dam. >> whoa, whoa, so mitch mcconnell bragged he got the first funding but now -- >> -- that was years agoing. >> he didn't get the rest? >> now it's an automatic pilot. >> forgive me for being skeptical here. they needed mcconnell on board, forget this funding bill done. many compromise done. they needed him. okay? you telling me that he -- this wasn't part of the quid pro quo that mitch comes on and he does this, it negates cruz and the tea party people a little so, we'll just cover him, reid will cover him. what does feinstein care about some water project in kentucky? what does she care? this looks to me like, hey, -- >> -- i can't prove that that's not true. >> aren't you skeptical about this? >> i'm skeptical of the other kentucky congressman rogers who builds pork for

himself. >> it's not rogers. rand paul. >> oh, the congressman. >> the congressman. he is head of the appropriations committee. you are talking about republican pork. pick on him in this case. >> all right. i just -- it's -- something doesn't add up on this. i'm not saying the project is bad. i guess they do need it, right? it's 3 million bucks. >> government should do less. one thing it should do is help navigation and rivers build a dam. i'm not saying this is a good product. >> just summing up. john stossel is telling me, all right. that dianne feinstein, a liberal from california, is heavily invested in water project between kentucky and illinois. she did it that's what you are telling me. >> for the public good. >> all right. stossel. we have no evidence to the contrary, ladies and gentlemen. i'm just a little skeptical here. plenty more ahead as the factor moves along this evening. some "american idol" contestants suing the program for racial bias. we have some inside information that you will

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factor follow up segment tonight, some very bad news for the republican party. according to an abc news poll just 32% of americans have a favorable view of the g.o.p. as we told senator rubio. nearly 40% really dislike republicans. but the tea party fares even worse. just 25% of the american

public has a favorable view of it. joining us now from richmond university of virginia professor larry sabato author of the big new book "the kennedy half century," the kennedy assassination and legacy of john f. kennedy and from washington kelley ann conway a republican pollster. this looks dire from your side, right, kelly ann. >> there is no reason to perfume the take here this is very bad news for the republicans. i think they need to take example from republican governors who govern 30 states and very popular at home where they are overseeing matters of personal liberties and pocketbook issues. some of this data, if you look through the whole "the washington post" poll indictment of everything washington. a good portion of it is an indictment of the republican party recently. the only thing less popular than the tea party in this poll is the the affordable care act. so i think the republicans should bound together consensus of the american people and consensus of each other trying to help out with meaningful healthcare reform and take advantage of

the many americans are skeptical of the obama carrollout. >> if senator rubio can save america from obama care temporarily the rise. do you see it the same way doctor. >> i do. disaster both for the republican party and for the tea party. the good news for republicans is they have got more than a year to go before the midterm elections. the bad news is that this is all coming up again in january and february. and if they do the same stupid things they just did, they are going to throw away the house of representatives. all right. now, kelly ann, i'm sure you follow right wing radio and cable and blogs, right? you're familiar with it. >> i read them all. >> if you are in those precincts, you would think that the tea party and the republicans have the majority of americans' hearts and minds. because that's what's sold. we're told we're right and almost like the silent

majority concept. we're right and we're going to win. this is what is put forth by people preaching to the choir. >> well, that's right. bill, what happened is. >> that's not going to change. i get letters from tea party people saying i'm a rino. i don't know what riono is i'm a registered independent. you're this and you're that we are going to overrun you and throw the other republicans into the river or whatever they are going to do. because people really believe, from listening to the blowing sphere and all of that that they have the numbers. they don't. >> he will with, i call this a self-inflicted media bias. people always go and consult with folks who already agree with them. so you never really advance the conversation. frankly you never really attract new people to your fold. you just make yourself feel better. and left wing blogs same. left, right and center to get a full perspective. let me say. this americans agree with

republicans on certain principles like spending and taxation and free market solutions, private sector or public sector. they have taken a hit here because they own the shot down but -- shut down but never bothered to reopen the opening of the government. they own the problem but not the solution. they don't own it. >> here is what i think dr. sabato. i think by standing up for principle, which, whether you like them or not, ted cruz did, senator cruz from texas did. he stood up for principle. this is what ted cruz believes. he believes that obama care is going to ruin the nation. and he believes that his constituency in texas wants him to be the point man in convincing america. that's the american way. what he did was what patriots should do, stand up. okay? but, something happened in the process, doctor. what was that, do you know? >> well, yeah. you can principle yourself to death. and while people may agree

in theory. and i think they do with republican principles about debt and spending. they don't want it to lead to a government shutdown that cost the economy billions of dollars. they don't want threaten default because they understand the global implications would be terrible. >> all right. so it's a practical verses versus theoretical. i buy that article. i think -- most of them are dancing with the stars or swimming with the fishes or whatever they are doing. but i do believe, kelly ann, that if marco rubio is successful in delaying this individual mandate for a year, that will turn the tide here. do you think is he going to be successful? >> i think he and his colleagues will be successful, bill. because the one thing that persist in its negativity and its poor reception among americans and independents is obama care. >> you are on record as saying you think senator rubio will succeed in

delaying this individual mandate. do you dr. sabato. >> i do not. the democrats control the senate 55-45. they have the white house. if republicans want to change obama care they have to take over the white house, senate and house in the same election. >> one thing fair for everybody because you can still sign up if you want to. you don't think they are going to get this done? >> i doubt they will get it done, bill. >> delay the penalty for one year. take a deep breath. >> you know, that's what i would do if i were the president. we will see how many democrats come aboard. thank you both. and by the way dr. sabato's book on kennedy very good read. when we come right back is, is it legal on the "american idol" bias lawsuit. is it completely bogus? legal is next. [ male announcer ] this is brad.

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more comfort, more of what you need. ♪ that's... built around you friendly. ♪ bill bill thanks for staying with us, i'm bill o'reilly in the is it legal segment tonight. tonight, three hot topics beginning with 10 former contestants on "american idol" suing the program for discrimination. we covered the story before. basically contestants didn't win and they say the reason they were disqualified was for skin color or something like that. a couple weeks ago the lawyers for these men approached the factor and asked to put some of these guys and we said all right. when crunch time came they backed out because their case is weak, in my opinion. with us now attorneys and fox news analysts kimberly guilfoyle and lis wiehl.

bizarre of these people and this was a pretty tough sell by this lawyer. is he a new york guy. >> he saw is it legal and then he called the factor. wanted to come on. three guys on. >> yeah. >> the factor said yes. but then they said there were no conditions at that point. the factor said come on october 17th. >> the factor is me by the way, ladies and gentlemen. the factor can't talk. it's a logo. i said yes. >> o'reilly said -- royale said they could. >> because i don't want to confuse everybody that we actually have a talking logo. >> o'reilly said they could come on. >> they back out because the case -- >> -- well, no, not -- they wanted to control the interview. they said to you factor o'reilly, whatever. that we want to see the questions beforehand. i would love to seat questions beforehand. >> up to my producer never dare say that to me. we blew them off and they're not coming on. i looked at all the research they don't have one chance in hell. >> they were hoping to get on with you. >> even if they go out to to montana with that judge out there that we chased down like a dog he wouldn't even.

>> he wouldn't even bite for. this don't let people come on here and tell you the terms of the interview. let's stop with the amateur hour. they know they have no case. >> this guy must be from venus this lawyer to think he could get away interest from that here. you remember this story this 9-year-old boy who gets on plane, doesn't have any money. just gets on plane. doesn't have a ticket in minneapolis. he flies to las vegas for a junket, i guess. nobody knows why. he gets off. now they have taken the family services child protection people taken the boy away from the parents. roll the tape. i'm a parent, i'm not perfect we assumed he was at a friend's house. we didn't have no idea where he was. what can i do? you have been asking for help no one is helping me. i'm in double jeopardy. if i whoop my son i get locked up. if i let my son keep on doing what he is doing, i get in trouble somebody please help me.

please all right so the father is saying he can't control the 9-year-old. doesn't know where he is and you say. >> i'm telling you this is a child and i have prosecuted juvenile justice cases and worked with at risk children. this is a child obviously who needs some extra help. i'm not going to pass judgment on the parents. he sounds like is he very precocious for his age. he was able to get on an airplane without a boarding pass by pretending to be another family. he was able to go get a meal with no money and said -- there are a lot of children -- >> -- he is he is on a path to to crime. >> but here's the question tonight should the social services have removed the child from the parents? >> perhaps for a short period of time with the overall goal to be family reunification. >> to reevaluate what's going on. >> correct. because there needs to be psychological services in place. >> there is pattern here. this kid absconded with a delivery truck. he has damaged other vehicles. >> it's like that. >> suspended from. >> like the movie catch me if you can. >> troubling that the father would say we don't know

where he is. >> right. >> you have got to know. unless they lie to you. if they lie to you that's a different story. this guy said i thought he was at a friend's house. come on. come back to the home. but right now he needs to get some counseling. >> and the parents are together. listen, the parents are together. they very much want their child back. they also need help. the judge has granted liberal visitation privileges to still maintain the communication which is important. the last thing you want to do is alienate from two parents that want to be. help them. give them some parenting classes and prevent this child from going. >> that sounds reasonable to me. now back to obama care. as you know this controversy about private concerns, paying into a system that will pay for birth control and in some cases abortion. and on religious basis they don't want to pay into that system. >> morning after pill. >> it's the morning after pill that is at stake here. two oklahoma companies,

christian-based and says. >> hobby lobby. >> and march. >> what's hobby lobby. >> a craft store. and a christian bookstore. they went to a judge months ago back in july. the judge says i'm giving you a temporary exemption from obama care for supplying the morning after pill. >> this is a federal judge. >> yes. federal judge. >> very important here. >> they are going to win. >> they are already saying we will give birth control, 16 different kinds of birth control. >> no doubt about it it? >> we don't want to give you the morning after pill. >> they have a specific objection which is reasonable and well within their rights. i think the u.s. supreme court will hear this. i think they will prevail. this is an issue right for discussion and important one. >> the supreme court says you can't force the hobby lobby or anyone else to buy into obama care if the morning after pill is provided. that shatters. do you know how many people are going to get out of it by that? >> it will make that a carve out exception. the reason why i think the supreme court will take this is not just the oklahoma case but two other. >> catholic churches. >> make a great point it has

far reaching implications at the core of obama care. >> a bunch of people could go in -- you know he what some of them will be severe and some of them won't. i don't want to be in this anyway because it's bad for my business. i object to the morning after pill. >> how you can sort it out religious beliefs. >> you can't. this is big. >> very substantial. >> and when do you think the supreme court will hear it. >> they asked them on monday. >> so we could all be dead? which we may be if obama care doesn't work or we are dying and nobody is treat us. >> not everybody at the table will be dead. >> all right. is it legal, everybody. racism. it's over, wiehl, you are done. thank you, though. racism in football on deck. the washington redskins continue to be under fire. we will hear the team's side after these messages.

test.

bill bill back of the book segment tonight. the pro-football nickname redskins for nearly 80 years the washington team has held that nickname. now some say it's racist. the team itself denies that pointing to a variety of data to back up their position. joining us now from washington is attorney lenny davis who is representing the redskins. wow, for a liberal like you, that's quite a commitment, lanny, huh? >> well, i'm a redskins fan and been so for 40 years. and when we sing hail to the redskins every sunday, when there is a game in the stadium, and redskins' nation, we are honoring the word redskins. there is nothing disparaging intended and i know that mr. snyder, the team's owner, who is a redskins fan since he was growing up in this area, it's all about honor and nothing more. >> how you can convince

people like bob costas and others who say it's a demeaning name. how can you, lanny davis, hired by the washington redskins convince them that they are misguided? what are you going to point to? >> well, i don't they're misguided? what do you point to? >> i don't need to convince someone with personal emotion, mr. costas is entitled, but he has to apply the same standard. he used the terminate i have american throughout his he essa. he used it over and over again because native americans say they're not indians, he was mistaken when he called them indians, so we use the terminate i have americans. yet he focused his ire on an 80-year-old redskins name, and he excused the name cleveland indians when fans of cleveland indians love the cleveland indians for many years just as we do, but using a double

standard isn't right as far as i'm concerned. >> all right. president obama says he would change the name. that gets as high as you can in this country. how would you convince president obama that he is misguided? >> i read his words very carefully. he says if a sizable group are offended and he were the team owner, he'd consider making the name change. in fact, sizable group is undefined, but we do have national data from 2004 and 2013, and 2004 was the annenberg institute that polled native americans across the country. 30,000 people polled, 1,000 native americans. nine out of ten native americans say they're not offended. in the local area, the virginia tribes say they're not offended, so according to president obama i don't see a sizable group necessary and it is up to mr. snyder who is a red skins fan the way i am and our fan base, 98% love the team and love

the name. >> how do you know 98% of redskins fans like the name. did you take a survey? >> our survey of fan base and season ticket holders have us in the high 90s, "the washington post" survey of the metropolitan area have 80%, including cowboys fans, who are in our area, some of them say don't change the name. >> all right. final question. you know in debates like this if you stick up for the name redskins that some are going to say you're a racist, you're a racist, you don't care about the people that are being offended, you don't care about native americans. i was talking about this with david letterman the other day, and letterman went off on all the abuses that the white society committed against native americans and this, we shouldn't be perpetuating this, and let's change the name. so you, lanny davis, are in a unique position of being a very liberal man, hillary clinton's

best friend, and now the left are saying you're suspect here, lanny. >> first of all, a friend. look, david letterman is entitled to his opinion. what he shouldn't do is makeup facts and until he talks to native americans across the spectrum, which is who we're hearing from, they're not offended by a sports team name where there's no intent and there's no analogy to expletives about race that are slurs where there's nothing but intent to disparage. for 80 years the washington redskins have been beloved as a team name, as have cleveland indians, atlanta braves and chicago blackhawks that won the stanley cup. at least i want a level standard. we love singing hail to the redskins, that's a song of honor and that is not a song of disparaging. >> thank you. the tip of the day.

are you prejudice? are you? the tip moments away.

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. tip of the day in a moment. are most americans bigoted? miller and i will be appearing at the cop lee haul in san diego friday, the 21st. make great christmas and holiday gifts. and you are finally getting it, the president does want to hurt conservatives and the tea party. you have given him a pass too long. i disagree. i criticize by using facts but never using cheap personal attacks as so many others do. stewart, baltimore, maryland. bill, you captured my opinion of president obama. we elected a man that did not understand the process and gets angry when people don't share his vision. i believe his legacy will turn out badly. stan, clinton, michigan.

what purpose did it serve to compare opposition to president obama to the atmosphere in dallas right before jfk was assassinated? many americans despised president obama the same way some texans hated president kennedy. in fact, the vitriol is very similar, as you'll see if you read "killing kennedy." another from texas. for once i actually agree, the president takes criticism personally and reacts n to it. jennifer. bill, i know you have done great interviews but the one with andrew young last night was your best. robert epstein, california, that interview was useless. keep it piffy. we posted that interview on bill oh rile oh.com. i found killing jesus deeply moving, even though i am a

nonbeliever. killing jesus is astonishing vivid portrayal of history. i enjoyed reading the footnotes as much as the text. ian from washington. you need to protect your soul. never again give your thoughts on scripture, repent. i guess that's your tip of the day from me. just for the record, there is no interpretation of scripture in "killing jesus" it is a history book. tip of the day, are you a bias person? the answer is yes, we all are bias, every human being is to some extent, and some bias is actually good. the bias towards kindness can get you in trouble by folks taking advantage of you, but ultimately you will help the planet. we are very hung up in america on destructive bias, which most people harbor. that kind of thing is passed down to us by parents and environment. if an irish kid beats you up every day, you're not going to

like the irish, even those that don't beat you up. being irish is not something to be ashamed of. humans are crude, sometimes flawed. if you find yourself despising someone or something, fight against that, overcome it. it's a challenge of life that we all can meet. factor tip of the day. and that is it for us tonight. please check out the fox news factor website, which is different from billo'reilly.com. o'reilly @foxnews.com. word of the day, no chuffiness. and don't forget, thursday, madashell.org, tell us what is driving you nuts, apart from me. kind of expand the conversation.

thursday, we will have that segment for you and we are reading your letters now. again, thanks for watching us now. miss megyn is next. i am bill o'reilly. remember the spin stops here. there's breaking news on the kelly file. i am megyn kelly live from new york city. the republican national committee awaiting a response from house democrats and from congressman allen grayson after pictures surfaced from a fundraising appeal that uses burning crosses and equates the tea party to the klu klux klan. the e-mail went out from the 2014 re-election campaign and the caption suggests this t stands for the tea party. caption reads now you know what the t stands for. they asked gr